Introduction
Purchasing decisions are no longer made only in front of a traditional seller. Today, much of the consumer experience takes place through platforms, applications and digital interfaces designed to influence user behavior.
In this context, Legislative Decree No. 1729 introduces relevant amendments to Peru’s Consumer Protection and Defense Code, focusing on the handling of consumer claims involving foreign providers and on the sanctioning of coercive commercial practices in e-commerce, including so-called dark patterns.
What is the purpose of Legislative Decree No. 1729?
The rule seeks to strengthen consumer protection in digital transactions. One of its main contributions is requiring foreign providers that offer goods or services through platforms, applications or other e-commerce mechanisms to maintain an operational consumer service channel.
This channel must allow consumers to submit inquiries, claims, suggestions, changes or return requests. This is particularly relevant to avoid situations in which Peruvian consumers are left without an effective communication mechanism when dealing with providers not domiciled in the country.
Dark patterns as coercive commercial practices
Legislative Decree No. 1729 expressly recognizes dark patterns as coercive commercial practices in e-commerce. These are design strategies that manipulate, condition or interfere with users’ decisions for the benefit of the provider.
The amendment is significant because such practices do not necessarily involve false information. Even so, they may affect consumer autonomy by making it harder for users to make free and informed decisions.
Common examples of dark patterns
Frequent examples include preselected checkboxes for insurance or complementary services during the purchase process, forcing consumers to actively opt out of options they did not request.
Another example is the use of obstacles to cancel subscriptions: some platforms make it possible to subscribe with one click, but require several complex steps to cancel the service.
False urgency or scarcity is also common, through messages such as “only one item left” or “offer valid for a few minutes”, when no real limitation exists and the purpose is to pressure the consumer into a faster decision.
Key alerts for e-commerce companies
For companies operating or planning to operate in e-commerce in Peru, this regulatory amendment is a clear reminder: digital interaction mechanisms with consumers should be reviewed from a compliance perspective.
A preventive review can help identify regulatory risks, adjust purchasing flows, improve customer service procedures and ensure that the digital experience is aligned with Peru’s consumer protection framework.
Download the full commentary
The commentary prepared by Diana Meza provides a more detailed analysis of Legislative Decree No. 1729 and its implications for foreign providers and e-commerce platforms.
We invite you to download the full PDF to learn more about the legal scope of this recent amendment and the practical measures companies should consider.
